11 results for 'judge:"Lowy"'.
J. Lowy affirms defendant’s murder conviction for killing his wife. The defendant claims his daughter’s murder and the testimony of two latent print examiners should not have been allowed in evidence, that not enough was done to rule out the possibility of a different culprit, and that there wasn’t enough evidence to identify him as the culprit or establish his crimes’ premeditation, but he fails to substantiate any reversible error. Affirmed.
Court: Massachusetts Supreme Court, Judge: Lowy, Filed On: January 30, 2024, Case #: SJC-12420, Categories: Evidence, Murder, Due Process
J. Lowy finds that the defendant’s constitutional rights to due process were violated by his involuntary commitment. It is unconstitutional for a pretrial defendant to be detained for an evaluation and observation of competency without a judge finding via clear and convincing evidence that there are no less restrictive means to determine the defendant’s competency to stand trial.
Court: Massachusetts Supreme Court, Judge: Lowy, Filed On: January 25, 2024, Case #: SJC-13455, Categories: Constitution, Due Process, Commitment
J. Lowy vacates the defendant’s murder conviction. The strongest piece of physical evidence used to convict the defendant was a bloody leather jacket combined with witness testimony supporting that the blood belonged to the murder victim, but DNA testing 20 years after the conviction proved that the blood was not the victim’s. Vacated.
Court: Massachusetts Supreme Court, Judge: Lowy, Filed On: January 12, 2024, Case #: SJC-13399, Categories: Dna, Evidence, Murder
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Lowy affirms the defendant’s convictions for murder and assault and battery by means of discharging a firearm. While the judge erred in failing to present examination of numerous witnesses to instances where the victim initiated violence, not including this additional evidence is unlikely to have prejudiced the jury in this case.
Court: Massachusetts Supreme Court, Judge: Lowy, Filed On: August 14, 2023, Case #: SJC-13357, Categories: Evidence, Murder, Self Defense
J. Lowy reverses a judgment denying an estate representative appointment proceedings because they fall outside the three-year limit from the decedent’s death that they are supposed to be filed within. However, the position of voluntary personal representative is a prior appointment, and is an exception to the time limit as a result. Reversed and remanded.
Court: Massachusetts Supreme Court, Judge: Lowy, Filed On: July 31, 2023, Case #: SJC-13393, Categories: Administrative Law, Wrongful Death
J. Lowy finds a guilty-filed disposition is considered a predicate offense in a case where defendant argues his prior guilty plea to shoplifting cannot be used as a predicate offense to his third and most recent shoplifting charge. The term "offense" for sentencing purposes is synonymous with conviction.
Court: Massachusetts Supreme Court, Judge: Lowy, Filed On: June 28, 2023, Case #: SJC-13379 , Categories: Sentencing, Theft
J. Lowy upholds defendant's first-degree murder conviction and refuses to reduce the verdict. The theory of deliberate premeditation is supported by evidence, and defendant fails to show he received ineffective assistance of counsel or that a certain portion of the prosecutor's closing argument was improper. Affirmed.
Court: Massachusetts Supreme Court, Judge: Lowy, Filed On: June 1, 2023, Case #: SJC-12023 , Categories: Evidence, Ineffective Assistance, Murder